New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1887-09-27
DECISION IN TIE BELL TELEPHONE CASE
THE Cow RxMENr HAS NO POWER TO nRISe BILL


IN EQUITY TO CANCEL PATENT
BosToN Sept 26.-In the United States Circuit Court
this morning decision was rendered sustaining the do
of the Bell Telephone Com In the suit OF the
United States against the American Bell Telephone CON-
pany and others. The opinion was written by Judge
Colt who stated that the main purpose OF the Oil was
to cancel two patents granted to Bell relating to the act
Of transmitting speech by electricity the ground that
they were obtained by fraud The Court said:
The first ard principal question raised by this de-
murrer whether In the absence OF any specnc san.g
maintain bill In equity % cancel patent TOR Al
invention. Upon consideration we are OF me opinion
statement has no power bring bill equity 10 can
eel a patent Our whole patent system rests upon
constitutional provision and the statutes passed oy
Congress
After going elaborate discussion OF the author
tiles by counsel the decision concludes as follows
The main grounds on Which ihe VALIDITY OF the Ben
iringemen suit brou gbt under section 1920 OF the Re
vi,ed Statutes of the United states
THE GovERSMENT LIKELY TO APPEAL
WASHINGTON Sept 20 Gspeciab.-The decision OF the
United states Circuit Court in Boston today 10 the effect
that neither he President nor his Pan Electric Attorney
General. both together. constitute tho "Goverh'
ment" was dsagroeabe surprise TO them and II VIII
not read with pleasure by the Democratic members OF
the late Judiciary Committee OF the House who oon-
cocted report IN the first session OF the XLiNth
Congress bolster the course OF the President ana
Garland in regard to the attempt 10 "srike or break
down the Bell Telephone Company for tho benefit OF
Garland and his Pan Electric partners To TRIBUNE
who inquired respecting tho next step Ia
the socaled Government suit Solicitor jerks
said:
when have received and considered the text on me
decision win make up my mind what 70 90 prooa at
the will be taken Immediately TO the supreme Sou'
"supposs that tho decision Of the Supreme Court n
the argued last spring should De adverse ' tue
Bell Company would you then appeal =" -,
IN. decision n the Bostos case should be dropped
IL is the important question 10 the authority o. 20
nsn. and on behalf Of the United states 70 anna AZ
venton would be left ophn II the Circuit Cenr oa' ~
not exist the absence OF statutory provision mise.
be well to have The case decided oy the suPrem oou,
take its appropriate place The docket behind all eA.ss
pending or which might be nerest paesd oay SS
the MAKING Of an order TO that effect oy tns cenrs
docket contans business enough 20 occupy tue tune
the court for about three years 20 come
Is impractcabe to obtain the total COST 70 tne
Government OF this Pan. Electric litigation down 20
exceed 100000 Pan Electricity has oeen no ony Az
the cause OF vsIaous and costly delays TO private nE
igants.
TEE TELEPHONE CONVENTION WELL PLEASED
orTTsBURs. Sept rs ,speciap Every teiephons com
any United states represented a. the ahhuAi
convention OF the National Exchange. which began I"
the Mopous ahela House to day C. n. Fay. OF Cecago
the retiring president, road interesting paper lie
referred to the passage In Chicago an ordinance COM
polling telephone wires be laid UNDERGROUND The Dill
was prepared by lawyer against whom the company
had suit for unpaid telephone rental was introduced
By Doodle Alderman aud offer was made 10 the coz
pauy TO defeat the bill II bride were Forthcoming This
was refused and tho bill passed MIR Fay showed
the evils resulting the business community from THIS
legislation and injustice dose the company that had
iuyestsd quarter OF q million dollars. Tho Indiana
Legislature had attempted the doodle game,
bni The telephone company refused to DO oled
and adverse legislation In consequence enacted Inc
sepsation OF the day the reading OF telegram from
Boston announcing the United states Court decision IN
favor OF the Bell telephone II was greeted With gen
era. and one delegate cried out " Ihat
settles the Government" Two OF the tslephsne men IN
iptervevs expressed the belief that tho wires woild
eventually DO put underground along the principal
tnoroughfares OF large cities.